• Caught wife cheating on me - need legal advice

Hi,

I caught My wife cheating on Me, The proof I got from her phone is the the nude pictures of her and her boyfriend together on webcam.

Does it help me to file a case against her boyfriend?
Also does it help in getting divorce and child custody.

Appreciate Your Help.

Thanks
Asked 1 year ago in Criminal Law from United States
Religion: Other
Their nude picture is good piece of evidence. It is relevant under section 62 of evidence act. it constitutes the ground for filing FIR for the offence of adultery which is punishable under section 497 ipc, if their pictures are taken after your marriage. You also get divorce on this ground, adultery is valid ground for divorce under section 13 of Hindu marriage act(HMA).

If it is taken before your marriage then no offence of adultery is made out but you can file divorce on the ground of her immoral character. If your marriage is not lasting more than one year then you can file petition under section 12 HMA for annulment of marriage because good character is essential criteria for marriage.  

Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
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Messages on Whatsapp, Facebook, even skype chat are now easy evidence permissible in court. This is called digital evidence and it is helping court in a  big way to decide adultery in divorce cases. Digital evidence accompanied with other circumstantial evidence form strong basis for taking presumption towards adultery under section 114 of evidence act. 

once those evidence is admitted by the court thereafter it can be used for any other purpose like under sec 125 crpc for refusal of maintenance, 

  
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
1. You can file for divorce on the basis of adultery against her. The nude pictures of her and her boyfriend together are sufficient to prove her infidelity and will be very difficult for her to rebut in the court. 

2. In addition to divorce, you may also prosecute her boyfriend for adultery. If held guilty he will be sentenced to a jail term.  
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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Yes you can file a case of adultery against the boy friend. Further the pictures and the chat messages can be used as evidence in divorce case a along with custody case as well. Report the matter to police against the boyfriend and he will be arrsted for the offence of adultery.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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Hi,
You should file for divorce on ground of adultery and cruelty
you can get the custody of the child on the same ground as your wife is adulterous
when you get divorce on adultery ground she will have no right to ask for maintenance as well.
Collect the evidence and move to court to file divorce.
In india you can lodge an FIR against the boyfriend under se.497 as well for having relationship with a married women knowing that she is a wife.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Yes, you may file an adultery case against him u/s 497 of IPC 

also you may file a divorce petition before family court against her u/s 13(1)(i)(ia)(ib) of Hindu marriage Act-1955
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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This is a clear and strong evidence for proving adultery and her adulterous life. You can lodge a police complaint for adultery against him alone.  
You can file a divorce case on the grounds of adultery in which he has to be impleaded as second respondent.This evidence will be sufficient to claim custody of the child too.
You have to preserve the source of the evidence in its original format. 
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0
Divorce is never an easy process. In your case nude photo is powerful evidence proving adultery charges. You can file the case for divorce taking the ground as cruelty and Adultery. You can use the photo if the incident happened after your marriage. You can also file complaint before police station against boy friend. 

If you want to act quickly because you are concerned for the safety of your children, then file a petition for custody for child. You can get the custody of the child on the same ground.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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Recording of video chat is the best piece of evidence to prove unchastity of your wife and constitutes valid ground for divorce. 

your parent has no right to file FIR or complaint because according to section 198 crpc, only husband has right to initiate proceeding against wife under any of the offence mentioned in chapter 20 of IPC. 

Send complaint along with notary affidavit to your father for filing before the court. You can get affidavit by paying requisite fee at Indian consulate. This affidavit is admissible in Indian court. Make your father as a witness in complaint. complaint will be registered and summon shall be issued to accused person.
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
Besides producing the naked and obscene pictures, you must plead that they had extra marital sexual relationship between themselves and had been living in an adulterous life. The photographs will support your statement.
However for criminal complaint the details of their extra marital physical relationship namely the date and time of their sexual acts which can be treated as an offence under section 497 IPC is to be given in the complaint. Any person who is your lawful attorney can lodge a complaint on your behalf for the present but you will be required to give a statement during investigation by the police. He cannot be arrested while landing at airport, the police has to take cognizance, to trace him out and issue a look out notice if he is found to be an absconder. 
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
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1. This proof is more than sufficient for you to prove your claim in a court of law. 

2. What legal rights do you wish to give to your parents? The legal rights which you possess cannot be transferred. You alone can initiate the legal process against your wife and also her boyfriend, to which end the only thing you are required to do is engage a lawyer in India. You are not personally required to turn up in the court to file the case.

3. Unless there is an order by a court of law to arrest him he cannot be arrested. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
You file a complaint before the police station against boy friend.video calls are sufficient for taking a consensuses. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0

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